WPI 380.01.01 Nuisance—Example of Modified Definition—Interference With Use of Street or Highwa...

Use this instruction, instead of WPI 380.01 (Nuisance in General—Definition), to define nuisance when the primary issue of nuisance concerns obstruction of a street or highway or a dangerous condition thereon.

The general definition of nuisance is found in WPI 380.01 (based on RCW 7.48.120). In some cases, however, sources of law other than RCW 7.48.120 may exist that furnish more specific definitions of nuisance. See the Comment to WPI 380.01 (Nuisance in General—Definition). The instruction above is an example of how to incorporate language from other applicable sources of law to define nuisance more specifically to fit the facts of a particular case.

The first bracketed clause of this instruction is based upon RCW 7.48.120, which provides in relevant part: “Nuisance consists in unlawfully doing an act, or omitting to perform a duty, which act or omission … render[s] dangerous for passage … any … street or highway.” This is an example of a specific statutory nuisance. Other examples may be found in RCW 7.48.010, 7.48.120, and 7.48.140.

The second and third bracketed clauses of this instruction are based upon RCW 7.48.010 and RCW 47.32.130. RCW 7.48.010 provides that the obstruction of any highway is a nuisance and the subject of an action for damages and other relief. RCW 47.32.130 declares that the existence of:

Constructing a fence on an easement in violation of the county code is a nuisance per se. Littlefair v. Schulze, 169 Wn.App. 659, 278 P.3d 218 (2012).